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HomeMy WebLinkAbout06/01/2004MINUTES ' REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 1, 2004 — 5:45 P.M. COUNCIL CHAMBER, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members John Ewan, Christine Mulholland, Allen K. Settle, Vice Mayor Ken Schwartz and Mayor Dave Romero City Staff: Present: Ken Hampian, City Administrative Officer; Jonathan Lowell, City Attorney; Julie O'Connor, Deputy City Clerk; Wendy George, Assistant City Administrative Officer; Bill Statler, Finance Director; Monica Moloney, Human Resources Director; Deborah Linden, Police Chief; Wolfgang Knabe, Fire Chief; John Moss, Utilities Director; Mike McCloskey, Public Works Director; Paul LeSage, Parks and Recreation Director; Ron Whisenand, Deputy Director Community Development; Todd Bunte, Golf Course Supervisor; Sue Baasch, Administrative Analyst; Gary Henderson, Water Division Manager; Dave Hix, Wastewater Division Manager; Dave Elliott, ' Administrative Services Manager; Robert Horch, Parking Services Manager; Austin O'Dell, Transit Manager; Tyler Corey, Associate Planner CLOSED SESSIONS City Attorney Lowell provided the following closed session announcements: A. LIABILITY CLAIMS Pursuant to Government Code Section 54956.95 Workers' Compensation Claim re William K. McCool City Attorney Lowell reported that the Closed Session was held, a settlement was authorized and that there was no further disclosure at this time. B. THREAT TO PUBLIC SERVICES OR FACILITIES Pursuant to Government Code Section 54957 Consultation with San Luis Obispo City Chief of Police and Utilities Director City Attorney Lowell reported that Council received a report regarding a vulnerability assessment and that there was no further disclosure at this time. 1 City Council Meeting Tuesday, June 1, 2004,5:45 p.m. 7:00 P.M. Page 2 1 Mayor Romero presented Certificates of Appreciation for community service to San Luis Obispo High School Students. Mila Vuiovich- LaBarre expressed appreciation for the Council's support of the High School's 24 -Hour Relay. Fire Chief Knabe introduced Fire Chaplain Mike Ward and provided a brief overview of his duties. Mayor Romero recognized May 31St through June 4th as Employee Appreciation Week and expressed, on behalf of the Council, gratitude to all SLO City employees. PUBLIC COMMENT Mary Beth Schroeder, San Luis Obispo, expressed her objection to additional shopping centers in San Luis Obispo. CONSENT AGENDA ACTION: Moved by Ewan/Settle to approve the consent agenda as recommended by the City Administrative Officer, with the exception of Item C2; motion carried 5:0. C1. APPROVE MINUTES OF TUESDAY, MAY 18, 2004 REGULAR MEETING. ACTION: Moved by Ewan/Settle to waive oral reading and approve as amended; 1 motion carried 5:0. C2. MITCHELL PARK BANDSTAND DONATION. Jim Hoffman, Upcoming Rotary Club President for the Monday Club, spoke in support of the bandstand in Mitchell Park and stated that it was part of a centennial project for the Monday and Tuesday Clubs. He answered concerns from Council regarding the bandstand's proposed location versus the location in the master plan. Mary Beth Schroeder, San Luis Obispo, objected to Consent item C2. ACTION: Moved by Settle/Ewan to accept the Rotary Club of San Luis Obispo's offer to construct and donate a bandstand in Mitchell Park and authorize the Mayor to enter into, on behalf of the City, a donor agreement with the Rotary Club; motion carried 5:0. C3. TELECOMMUNICATIONS FACILITY LEASE AT LAGUNA LAKE GOLF COURSE. ACTION: Moved by Ewan /Settle to approve a Memorandum of Understanding (MOU) with Sprint PCS for the lease at Laguna Lake Golf Course for a telecommunications facility; motion carried 5:0. C4. SWIM CENTER HIGH RATE SAND FILTRATION — SPECIFICATION NO. 90351. ACTION: Moved by Ewan/Settle to 1. Approve the plans and specifications for "Swim Center High Rate Sand Filtration, Specification No. 90351." 2.. Authorize staff City Council Meeting Page 3 Tuesday, June 1, 2004, 5:45 p.m. to solicit bids. 3. Authorize the City Administrative Officer to award a contract if the lowest responsible bid is within the engineer's estimate; motion carried 5:0. C5. MISSION PLAZA MEMORIAL BENCH. ACTION: Moved by Ewan/Settle to approve the request to install a memorial bench in Mission Plaza; motion carried 4:0:1; Schwartz abstained. C6. FINAL MAP APPROVAL FOR TRACT 2340 - A NINE LOT COMMON INTEREST SUBDIVISION AT 1720 JOHNSON AVE — STEVEN AND ILENE SICANOFF, ACTION: Moved by Ewan/Settle to adopt Resolution No. 9566 (2004 Series) approving the final map for Tract 2340 and authorizing the Mayor to execute the subdivision agreement on behalf of the City; motion carried 5:0. C7. WATERLINE REPLACEMENT PROJECT 2002 -03, SPECIFICATION NO. 90330. ACTION: Moved by Ewan/Settle to 1. Approve plans and specifications for "Waterline Replacement Project 2002 -03." 2. Authorize staff to advertise for bids for "Waterline Replacement Project 2002 -03." 3. Authorize City Administrative Officer to award contract if lowest responsible bid is within the engineer's estimate of $627,580; motion carried 5:0. C8. STREET RECONSTRUCTION AND RESURFACING PROJECT: SUMMER 2004, SPECIFICATION NO. 90407 ' ACTION: Moved by Ewan/Settle to 1. Approve plans and specifications for "Street Reconstruction and Resurfacing Project: Summer 2004, Specification No. 90407." 2. Authorize staff to advertise for bids and authorize the City Administrative Officer to award the contract if the lowest responsible bid is within the Engineer's Estimate of $1,741,683 for reconstructed streets and resurfacing; motion carried 5:0. C9. SUPPLEMENTAL COURT STREET REMEDIATION COSTS. ACTION: Moved by Ewan/Settle to appropriate $66,385 from the Parking Fund and transfer $22,128 from the CIP Reserve in order to pay for further costs of Court Street site remediation and resulting additional costs to developer and its contractor; motion carried 5:0. PUBLIC HEARINGS ENTERPRISE FUND RATE REVIEWS. A. LAGUNA LAKE GOLF COURSE FUND RATE REVIEW. Parks and Recreation Director LeSage presented the staff report. Golf Course Supervisor Bunte was present to answer Council questions. Mayor Romero opened the public hearing. There were no speakers. Mayor Romero closed the public hearing. 1 City Council Meeting Tuesday, June 1, 2004,5:45 p.m. Page 4 ACTION: Moved by Mulholland/Schwartz to 1) adopt Resolution No. 9567 (2004 Series ) setting fees for Laguna Lake Golf Course effective July 1, 2004. 2. Authorize a General Fund operating transfer of $213,500 for 2004 -05; motion carried 5:0. B. 2004 WATER FUND REVIEW. Water Division Manager Henderson and Utilities Director Moss presented the staff report. Mayor Romero opened the public hearing. Andrew Carter, San Luis Obispo, stated that he supports the rate increases as the prudent thing to do in order to maintain the system and quality of water. He also expressed a desire to see the City move to monthly billing and to explore remote meter reading. Mary Beth Schroeder, San Luis Obispo, disapproved of the water increases and the Nacimiento project Mayor Romero closed the public hearing. Council comments followed. Council Member Mulholland did not support action #2 and #3 and asked Council to consider taking separate actions on this item. Council agreed. ACTION: Moved by Schwartz/Ewan to 1) Review and accept the 2004 annual water fund financial review; and 4) Approve the amended CIP Program request for the Water Treatment Master Plan Implementation increasing funding by $235,000 for design, and $3.59 million for construction and construction management to a total of $7.8 million for construction and construction management; motion carried 5:0. ACTION: Moved by Schwartz/Ewan to 2) Approve and adopt Resolution No. 9568 (2004 Series) increasing water rates by 8%, effective July 1, 2004. 3) Direct staff to return at a public hearing on June 15, 2004 with a Resolution amending Water and Wastewater Development Impact Fees effective September 1, 2004; motion carried 4:1; Mulholland. C. 2004 SEWER FUND REVIEW. Wastewater Division Manager Hix presented the Sewer Fund Analysis and 2004 Sewer Fund Review. Council questions and comments followed. Mayor Romero opened the public hearing. Andrew Carter, San Luis Obipso, supports the increase recommended by staff and would also like to see the City consider volume based rates. Mary Beth Schroeder, San Luis Obispo, spoke in opposition to fee increases. Mayor Romero closed the public hearing. ACTION: Moved by Settle/Mulholland to 1) Review and accept the 2004 annual sewer fund financial review; and 2) Adopt Resolution No. 9569 (2004 Series) rescinding Resolution No. 9463 (2003 Series) which proposed to increase sewer rates by five percent (5.0 %), effective July 1, 2004, and adopting revised rate City Council Meeting Tuesday, June 1, 2004, 5:45 p.m. Page 5 increases of six and one -half percent (6.5 %) effective July 1, 2004. 3) Direct staff to return with a public hearing on June 15, 2004 with a Resolution amending Water and Wastewater Development Impact Fees effective September 1, 2004. 4) Approve the amended CIP Program request for the Tank Farm Lift Station increasing funding from $6.5 million to $7.795 million including design; motion carried 5:0. D. PARKING FUND REVIEW 2004 -05. Public Works Director McCluskey, Administrative Services Manager Elliott and Parking Services Manager Horch presented the staff report. Mayor Romero opened the public hearing. Andrew Carter, San Luis Obispo, stated he is not optimistic about the parking fund. He voiced concern that the parking fund may be in a downward slide due to the loss of the Court Street parking lot and building the Palm/Morro parking structure and expressed a need for a fundamental analysis of all parking lots, structures and policies. He suggested citizen involvement to help address some of these concerns. Mayor Romero closed the public hearing. Council questions and discussion ensued. Council directed staff to plan a study session sometime In the first quarter of 2005 to do an in -depth review of the parking fund short and long tern fiscal conditions, depending upon receiving Pa/mftpomo structure cost information. ACTION: Moved by Ewan/Mulholland to 1) Review and accept the 2004 annual parking fund review. 2) Conceptually approve one proposed new operating program change request and one new capital improvement plan request, pending final budget review and adoption; motion carried 5:0. E. TRANSIT FUND REVIEW FOR 2004 -05. Public Works Director McCluskey. Administrative Services Manager Elliott and Transit Manager O'Dell presented the staff report. Council questions and comments followed. Mayor Romero opened the public hearing. There were no speakers. Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Schwartz to 1) Review and accept the 2004 annual transit fund review. 2) Approve a budget amendment that closes out a) revenue account balances where grant funding is no longer available and b) expense account balances for completed or cancelled capital projects; motion carried 5:0. 2. APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION MODIFYING THE LOCATION OF PROPOSED PUBLIC ART FOR 12150 LOS OSOS VALLEY ROAD, COAST BMWINISSAN (AP 148 =01). (CONTINUED FROM MAY 4, 2004). Deputy Director Community Development Whisenand presented the staff report. Associate ' Planner Corey was on hand to answer questions. City Council Meeting Tuesday, June 1, 2004,5:45 p.m. Page 6 Carol Florence, Oasis Associates, representing Coast BMW/Nissan, presented a brief overview of the sculpture and the desire of the applicant. She also distributed a letter from Catherine King Norton, San Luis Obispo Arts Council, showing their support (see letter on file in the City Clerk's Office). Jim Jacobson, artist, discussed the details of the art work and the merits in making it accessible to pedestrian traffic. Mayor Romero opened the public hearing. Andrew Carter, San Luis Obispo, spoke in support of the CAO recommendation. He voiced concern regarding vandalism if the art work was to be placed on the corner. Mayor Romero closed the public hearing. ACTION: Moved by Mulholland/Schwartz to adopt Resolution No. 9570 (2004 Series) upholding the appeal, and upholding the Art Jury's recommendation to allow the public art at the proposed location in front of the building subject to findings and conditions; motion carried 5:0. 3. GENERAL PLAN AMENDMENT AND REZONE FROM NEIGHBORHOOD COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR PROPERTY AT 1231 LAUREL LANE (GP/R/ER 121 -03). Deputy Director Community Development Whisenand explained that this General Plan amendment was the first in a series and that if Council approved this recommendation in concept, all General Plan amendments would be brought back on 7/6/04 for final passage. Associate Planner Corey presented the staff report. Tim Woodle, Pults & Associates and Senior Architect for the project, answered questions from the Council. Mayor Romero opened the public hearing. Andrew Carter, San Luis Obispo, voiced support for the project. Mayor Romero closed the public hearing. Council recommended that staff share with the Planning Commission and the ARC that any project design for this particular property should be apartment style structures rather than separate structures. ACTION: Moved by Settle/Mulholland to adopt Resolution No. 9571 (2004 Series) conceptually approving a Mitigated Negative Declaration of environmental impact (ER 121 -03) and amendment to the City's Land Use Element Map and Zoning Map designations from Neighborhood Commercial (C -N) to High Density Residential (R- 4), which directs staff to return the project to the Council at the July 6, 2004 regular meeting, to formally adopt a resolution and ordinance for the project; motion carried 5:0. City Council Meeting Page 7 Tuesday, June 1, 2004,5:45 p.m. ' COUNCIL LIAISON REPORTS Council Member Mulholland reported that she attended the 30th Anniversary celebration of SLO Transit on May 21 She also reported on the May 21 st Citizens Advisory Committee tour of the Atascadero State Hospital, the May 26th Board of Directors meeting for the Economic Vitality Corporation of San Luis Obispo County and the May 27'" end of the year continuity transition meeting of the Student Community Liaison Committee. L Vice Mayor Schwartz reported on the May 20th and 21s'visit of delegates from the City of Berkeley and their desire to learn about the development of Mission Plaza. Council Member Ewan reported on last week's Air Pollution Control District meeting. Council Member Settle expressed his disappointment regarding the discontinuation of Farmers Market on Saturday mornings at the Promenade. He urged staff's involvement to relay the sentiments of the City to shopping center owners and managers to continue Farmers Market at this location. Vice Mayor Schwartz discussed the May 210' issue of the Priority Focus cover article regarding SB744 (DUNN). City Attorney Lowell reported that letters had been sent regarding this topic but stated he will review the League's correspondence and act accordingly. Council Member Settle requested a copy of the correspondence be sent to the Office of the Governor's Liaison. There being no further business to come before the City Council, Mayor Romero adjourned the meeting at 10:45 p.m. to Tuesday, June 15, 2004 at 4:00 p.m. in the Council Chamber, 990 Palm Street, San Luis Obispo. APPROVED BY COUNCIL: 6/15/2004 jo O JUIi 'Connor Deputy City Clerk